100 Days Out: Trump v. Biden on LGBTQ Equality in Housing and Public Accommodations

by HRC Staff

Post submitted by Lucas Acosta (he/him), former Deputy Director of Communications, Politics

Get the facts on where Trump and Biden stand on LGBTQ equality in housing and public accommodations.

Over the coming days, HRC will be highlighting the key attacks from the Trump-Pence Administration and the commitments from the Biden administration to undo those attacks and build a better future for LGBTQ people. These are Trump’s attacks and Biden’s record and plans for LGBTQ equality in housing and public accommodations:


  1. Allowed emergency shelters to deny access to transgender and gender-nonconforming people: Despite the fact that LGBTQ people are significantly more likely to experience homelessness in their lives, HUD Secretary Ben Carson plans to propose a rule to permit emergency shelters to deny access or otherwise discriminate against transgender and gender-nonconforming people who are homeless. HUD also canceled a scheduled survey on LGBTQ homelessness.
  2. Plans a transphobic and Bigoted “guide to identifying a transgender person”: As part of their guidance to allow homeless shelters to discriminate against transgender shelter seekers, the Department of Housing and Urban Development plans to encourage using physical characteristics to discriminate against transgender people at homeless shelters.
  3. Placed transgender incarcerated persons in the wrong prison: The Federal Bureau of Prisons (BOP) rolled back an Obama-era policy that housed transgender prisoners consistent with their gender identity. With transgender people experiencing sexual assault at higher rates than average, this decision only puts them at further risk of assault.
  4. Created a Religious Liberty Task Force: The Trump-DOJ created a religious liberty task force to help implement an executive order designed to allow religious-based discrimination against LGBTQ people in almost every facet of their lives.
  5. Dropped a lawsuit suing North Carolina over their discriminatory “bathroom bill”: Within his first 100 days, the Trump-Justice Department dropped an Obama-era lawsuit suing the state of North Carolina for their discriminatory “bathroom bill” known locally as HB2.
  6. Argued on behalf of a business that refused service to LGBTQ customers: The Trump-Justice Department filed an amicus brief supporting the case of Colorado bakery that refused to sell a wedding cake to an LGBTQ couple in the Supreme Court case Masterpiece Cakeshop v. Colorado.
  7. Canceled plans for a survey on LGBTQ homelessness: Trump’s HUD Department canceled plans in early 2017 to conduct a survey evaluating the prevalence of LGBTQ homelessness. Homelessness is especially a problem for LGBTQ youth, given that many are kicked out of their homes after their parents become aware of their gender identity or sexual orientation.


  1. Promised to Reverse Trump-Pence Rule Giving Businesses a License to Discriminate:  Biden will reverse Trump-Pence policies allowing for small businesses to discriminate against LGBTQ customers.
  2. Promised to ensure federally funded shelters cannot discriminate against transgender homeless: Biden has committed to undoing the Trump-Pence administration rule to allow shelters to refuse service to transgender homeless or force them to sleep with and use the bathrooms opposite to their gender identity.
  3. Increase safety for incarcerated transgender people: Biden will require that transgender people are placed in correctional facilities in alignment with their gender identity and have full access to appropriate doctors and medical care. He will also require the Bureau of Prisons to revise the Transgender Offender Manuel to allow for protections for transgender people who are incarcerated and implement the Prison Rape Elimination Act.